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<br />( 0045-09-079 <br />Project Number Me 45-9-79 <br /> <br />In addition to identifying those items of work paid for by payments to the State, Attachment A, <br />Payment Provision and Work Responsibilities, also specifies those Project items of work that are the <br />responsibility of the Local Government and will be carried out and completed by the Local <br />Government, at no cost to the State. <br /> <br />Texas Government Code, Chapter 2106 requires the State to recover indirect costs associated with <br />this agreement as calculated based on prevailing rates specified in the State's Indirect Cost Recovery <br />Program. <br /> <br />Article 3. Right of Access <br /> <br />If the Local Government is the owner of any part of the Project site, the Local Government shall <br />permit the State or its authorized representative access to the site to perform any activities required <br />to execute the work. The Local Government will provide for all necessary right-of-way and utility <br />adjustments needed for performance of the work on sites not owned or to be acquired by the State. <br /> <br />Article 4. Responsibilities of the Parties <br /> <br />The Local Government acknowledges that while it is not an agent, servant, nor employee of the <br />State, it is responsible for its own acts and deeds and for those of its agents or employees during the <br />performance of the work on the Project. <br /> <br />Article 5. Document and Information Exchange <br /> <br />The Local Government agrees to electronically deliver to the State all general notes, specifications, <br />contract provision requirements and related documentation in a Microsoft@) Word or similar <br />document. If requested by the State, the Local Government will use the State's document template. <br />The Local Government shall also provide a detailed construction time estimate including types of <br />activities and month in the format required by the State. This requirement applies whether the local <br />entity creates the documents with its own forces or by hiring a consultant or professional provider. <br /> <br />Article 6. Interest <br /> <br />The State will not pay interest on funds provided by the Local Government. Funds provided by the <br />Local Government will be deposited into, and retained in, the State Treasury. <br /> <br />Article 7. Inspection and Conduct of Work <br /> <br />Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, <br />to this contract, the State will supervise and inspect all work performed hereunder and provide such <br />engineering inspection and testing services as may be required to ensure that the Project is <br />accomplished in accordance with the approved plans and specifications. All correspondence and <br />instructions to the contractor performing the work will be the sole responsibility of the State. Unless <br />otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance <br />with the Standard Specifications for Construction and Maintenance of Highways, Streets, and <br />Bridges adopted by the State and incorporated herein by reference, or special specifications <br />approved by the State. <br /> <br />Revised 4/9/01 <br /> <br />Page 2 of 5 <br />